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Main Forums => Dear Socrateaser => Topic started by: antonin on Jan 10, 2005, 01:39:46 PM

Title: child support alimony substitution
Post by: antonin on Jan 10, 2005, 01:39:46 PM
Currently pay child support (910.00 mo) and rehabilitative alimony (860.00 mo). Ex does not work or go to school. Have 50/50. Ex's alimony ends jan. 06.

1. Could ex file for a deviation from the CS (Michigan) guidelines to increase CS based on a loss of income. (alimony)?

2. Have you heard of such a thing?

Title: RE: child support alimony substitution
Post by: socrateaser on Jan 10, 2005, 02:13:18 PM
>Currently pay child support (910.00 mo) and rehabilitative
>alimony (860.00 mo). Ex does not work or go to school. Have
>50/50. Ex's alimony ends jan. 06.
>
>1. Could ex file for a deviation from the CS (Michigan)
>guidelines to increase CS based on a loss of income.
>(alimony)?

Well, that would be a very specific question of MI caselaw, assuming it's ever come up. I would say that to increase CS based upon the termination of spousal support (politically correct term for alimony), is the equivalent of awarding alimony outside of the court's jurisdictional authority.

>2. Have you heard of such a thing?

There is a CA case, the name of which escapes me, that addresses this issue, so assuming that MI courts had never addressed it, you could use the CA case as a persuasive non-binding ruling for the court's consideration. But, I'd have to reserach it and at the moment, I'm booked.